Entire Sixth Circuit to reconsider NCLB suit
A federal appeals court has agreed to reexamine a ruling by a panel of the court that revived a lawsuit challenging the No Child Left Behind Act (NCLB) for imposing unfunded mandates on states and school districts. The U.S. Court of Appeals for the 6th Circuit, in Cincinnati, ruled that the entire 14-member court would rehear the case of Pontiac School District v. Spellings. Bush administration lawyers sought the rehearing on behalf of U.S. Secretary of Education Margaret Spellings after a three-judge panel of the 6th Circuit ruled on Jan. 7 that the states were not on clear notice of their financial obligations when they agreed to accept federal money under NCLB. The action by the full 6th Circuit has the effect of setting aside the panel’s opinion. The National Education Association, which filed the legal challenge on behalf of nine school districts in Michigan, Texas, and Vermont, opposed the rehearing request. The 6th Circuit’s action came the same week that a federal district judge dismissed Connecticut’s lawsuit against Secretary Spellings over NCLB funding issues.
Source: Education Week, 5/1/08, By Mark Walsh
[Editor’s Note: The order from the Sixth Circuit (KY, OH, MI, TN) granting rehearing is below. Background and commentary on this and the other court challenges to NCLB are at the other links.]
Sixth Circuit rehearing order
NSBA School Law pages on Connecticut v. Spellings
BoardBuzz on NCLB lawsuits